Contract Clause Flashcards
1
Q
The Contract Clause limits the ability of ____ to enact laws that retroactively impair contract rights.
A
states
2
Q
Private Contracts Test
A
- Does the legislation substantially impair a party’s rights under an existing contract? If it does not, the legislation is valid under the Contract Clause. If it does, it will be valid only if:
- Serves an important and legitimate public interest; and
- Is a reasonable and narrowly tailored means of promoting that interest
3
Q
Public contracts are subject to what type of scrutiny?
A
Strict scrutiny